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Massachusetts Jury Trial Benchbook

Our Price: $99.00

The new and completely updated 5th edition has arrived! This is the book judges use for guidance when faced with jury selection issues, to formulate colloquies with parties and witnesses, and to address questions that arise during deliberations and after a verdict. In particular, it includes the law and practice tips concerning judge-conducted and lawyer-conducted voir dire, when judges may need to ask follow up questions of prospective jurors who express difficulty with the presumption of innocence or proof beyond a reasonable doubt, how judges should address issues of potential juror bias in both civil and criminal cases, the law and practice regarding peremptory challenges, the latest guidance on how to conduct proceedings virtually, how lawyers and judges should deal with evidence that the jury was exposed to extraneous influences, and how to address circumstances in which a question arises about the competency of a witness or a party.

Trying Cases to Win

Our Price: $129.95

By Herbert J. Stern and Stephen J. Saltzburg

Here’s a new edition of one of the most brilliant and inspiring trial manuals ever written. The book explodes the many fallacies that are routinely taught in civil and criminal trial courses, and shows you how to powerfully persuade jurors every step of the way.

You’ll learn:

* Why 97% of what you’ve read about opening statement is wrong, and how to do it right.

* The #1 most important thing that must be established by your courtroom demeanor, and why.

* How to handle alternative arguments (e.g., arguing against liability while arguing damages), and why most lawyers shoot themselves in the foot

* A definitive answer to the “primacy vs. recency” debate (and you might be surprised by the result)

* Why it’s often good for you when your opponent objects

* Why you should never mention the burden of proof (except in one special case)

* The right way to use displays and illustrations

* A simple technique to turn weaknesses in your case into strengths

* How to make your own witnesses more credible to jurors, and how to emphasize their strong points without sounding repetitive

* Why most witness preparation is a complete waste of time, and how to do it right

* The surprising truth about the best order to present witnesses

* The real purpose of cross-examination, and why the “rules” about leading questions and always knowing the answer sometimes hurt your effectiveness

* Why you should cross-examine most witnesses even if they didn't hurt you

* Why so many lawyers over-authenticate exhibits – and offer them at the wrong time

* How to handle opposing witnesses who blurt out damaging comments during cross

* The main goal of closing argument (hint: it’s not to persuade the jurors)

“State of the art. The bible for all jury trial lawyers.” – Ted Wells, co-chair, litigation department, Paul, Weiss, Rifkind, Wharton & Garrison

One volume, hardbound, 414 pages. Published in 2013.

Model Witness Examinations, Third Edition

Model Witness Examinations, Third Edition

Our Price: $79.95

By Paul Mark Sandler and James K. Archibald

Never be at a loss for how to correctly introduce evidence or prove facts! This book will walk you through virtually any scenario and show you how to handle it correctly under the rules of evidence.

For each scenario – there are 70 in the book – you’ll get trial-proven sequences of questions that translate the rules into examinations that will correctly prove facts, and are easily molded to your specific case. Plus you’ll get clear explanations, key cases, rules, and secondary authorities – citations that are readily accessible, even in mid-trial – along with tactical and strategic guidance.

The scenarios include:
• Documents
• Best Evidence and Original Document Problems
• Demonstrative and Real Evidence
• Opinions of the Lay Witness
• Opinions of the Expert
• Character, Habit and Custom
• General Interest
• Prior Inconsistent Statements
• Use of Textbooks
• Redirect
• Depositions
• Interrogatories

Click here to view the table of contents.

One volume, softbound, 312 pages.

Advocacy Words: A Thesaurus, Expanded Third Edition

Advocacy Words: A Thesaurus, Expanded Third Edition

Our Price: $29.95

By William Drennan

Here’s verbal dynamite! This book will give you the language you need to persuade a jury or to draft a convincing argument in a brief. Turn dry legal prose into a vivid verbal picture that will move others to your point of view. The book is easy to use, with words arranged alphabetically in one column and the corresponding advocacy words in the opposite column.

MacCarthy on Cross-Examination

Our Price: $129.95

By Terence F. MacCarthy

Most trial lawyers admit that cross-examination is the weakest part of their arsenal. The reason: Traditional techniques for cross often don’t work, and they end up making the lawyer look like a bully.

Now, renowned lecturer Terence MacCarthy shows you a whole new approach to cross-examination designed to (1) allow you to tell the jury a story, and (2) make jurors sympathize with you rather than the witness.

This book will open your eyes to a brand new and much more effective way to approach adverse witnesses. With excellent, illustrative cross-examinations from actual cases.

Click here to view the table of contents.

One volume, softbound, 221 pages.

Preparing Witnesses, A Practical Guide for Lawyers and Their Clients, 5th Edition

Preparing Witnesses, A Practical Guide for Lawyers and Their Clients, 5th Edition

Our Price: $99.95

By Daniel I. Small

This updated edition is designed to help lawyers prepare clients for the very formal and un-natural "question and answer" environment.

Here are great ideas and insight on how to prepare witnesses to shine at trial, including real-life examples to drive home key points for witnesses to remember. This classic text has been expanded with new chapters including detailed discussions of preparing party witnesses, doctors, experts, corporate representatives, criminal defendants, grand jury witnesses, witnesses for whom English is a second language, and more.

“Dan Small defines preparation like nobody else in the vast literature of trial practice. His step-by-step guide is both a model of clarity and a paragon of completeness.” -- Alex Sanders, Former Chief Judge, South Carolina Court of Appeals.

One volume, softbound, 289 pages plus CD-Rom. Published in 2014.

The Science of Persuasion, Second Edition

The Science of Persuasion, Second Edition

Our Price: $99.95

By Brad Bradshaw, Ph.D.

The ability to persuade comes naturally to some people and is completely foreign to others, but there is a science behind it, one that you can learn and apply. Brad Bradshaw holds a Ph.D. in psychology and specializes in persuasion and juror decision-making. In this book, he walks you through every stage of trial and offers comprehensive information and advice on what jurors are thinking when, and how to influence them in the most effective ways.

There are hundreds of books on trial strategy. But this book is unique in that it focuses on juror psychology. It will change the way you think about a trial, and make you focus at each stage on how jurors are thinking and how to persuade them to see things in the light most favorable to you.

One volume, softbound, 343 pages. Published in 2014.

Acting Skills for Lawyers

Our Price: $59.95

By Laura Mathis

In this innovative book, you'll learn how to develop and use stage presence, use an actor’s voice and gestures, develop different characters for different audiences, deliver effective speeches, adopt the role of talk-show host for depositions, improvise in unprepared situations, incorporate the skills of great storytellers, be the acting coach for your witness, use monologue skills in your closing arguments, and even take the perfect professional photo!

You’ll be let in on the techniques and training used by famous actors, and how to apply them to your work as a lawyer. You’ll learn how to be completely present in the moment, in a focused, authentic, and powerful way, and use your own personality to succeed while radiating passion and commitment. A truly original book that will help you in myriad situations!

One volume, softbound, 152 pages.

Effective Depositions, Second Edition

Our Price: $149.95

By Henry L. Hecht

Here’s an exhaustive book that provides a wealth of seasoned advice on taking and defending depositions. Detailed and extremely practical chapters include witness preparation, the best questioning techniques, video deposition considerations, dealing with problem witnesses (and lawyers), expert depositions, taking advantage of real-time transcription, using depositions at trial, deposition management software, using documents in depositions, privilege issues, and much more.

"This useful new book offers a wealth of practical advice as well as important strategic and tactical concerns … An excellent reference on a critical aspect of most lawsuits." – Jerold S. Solovy, Chairman Emeritus, Jenner & Block LLP.

“If you have only one book on depositions, this should be it." – James W. McElhaney, author of McElhaney's Trial Notebook.

Click here to see the table of contents.

One volume, softbound, 866 pages.

McElhaney's Trial Notebook

Our Price: $64.95

By James McElhaney

One of the all-time best-selling books on trial practice, this edition is newly expanded and now includes 90 chapters of techniques, tactics and strategies for every stage of trial. Used again and again by thousands of trial lawyers, this is a book full of valuable, practical ideas that you really will use every day in court.

Click here to view the table of contents.

Opening Statements: A Modern Approach (DVD)

Opening Statements: A Modern Approach (DVD)

Our Price: $95.00

By the Hon. Sanford M. Brook

Eighty percent of jurors have made their decision by the end of opening statements. In this practical DVD, Judge Sanford M. Brook of the Indiana Court of Appeals gives you the latest advice on how to make effective and persuasive opening statements that will make a lasting impression on jurors. He also addresses common mistakes made during openings and how to remedy them. No more rambling, fumbling, and argumentative openings; you’ll learn how to open with impact and be ready to “close” the jury with your opening.

The Effective Deposition: Techniques and Strategies That Work, Fifth Edition

The Effective Deposition: Techniques and Strategies That Work, Fifth Edition

Our Price: $95.00

By David M. Malone and Peter T. Hoffman

This book will show you the secrets not only of taking depositions in preparation for trial, but of taking and using depositions in the context of arbitration, mediation, mini-trials, settlement negotiations and dispositive motions. You’ll learn how depositions in these other contexts require different skills for preparing witnesses, witness examination, use of exhibits, and making and meeting objections than those you learned in law school. Plus, you’ll get the latest advice on how deposition strategy is being changed by new technology, including videotaped depositions, real-time transcription, digital documents, digital transcription, and the interface of depositions with electronic discovery. A new appendix provides a great resource on depositions in the context of Daubert issues. Published by the National Institute for Trial Advocacy.

Click here to view the table of contents.

Jury Selection, Fourth Edition

Our Price: $335.00

By V. Hale Starr and Mark McCormick

Here is an outstanding book that combines expert analysis of the law governing jury selection with a full and definitive explanation of all current scientific methodology employed in the process. You’ll get detailed analysis of cutting-edge issues such as background investigations, community attitude surveying, Batson challenges, voir dire techniques and strategies, and nonverbal communication, including specific courtroom applications of all the relevant methodology.

This book is a must for the litigator who wants to use the most advanced techniques available to ensure a fair-minded jury.

One volume, 430 pages.

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